My sister died, no will, 2 beneficiarys listed on 2 items (life & 401k), no beneficiarys listed on the other 3 NoRealProp MedBil

do i need to file for administrator? i don;t want to pay med bills as they shortened her life with their lack of knowledge. and i am doing a fair split with father and boyfriend, family agreed to

Long Beach, CA -

Attorney Answers (4)

Charles Adam Shultz

Charles Adam Shultz

Probate Attorney - Los Angeles, CA
Answered

The beneficiaries listed on the life insurance and 401K are entitled to those assets. If you believe the doctors or hospital caused issues, you need to assert those claims not do your own offset. You will open yourself up to liability. How much is in the other assets. If its more than $150K, probate is necessary. Regardless, because you indicate there could be bills, you would be wise to consult a probate attorney.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
James P. Frederick

James P. Frederick

Probate Attorney - Livonia, MI
Answered

Mr. Shultz has provided his customary outstanding response. I agree with him and would simply add that, if the other three assets were titled in your sister's name alone, with no beneficiaries named, then probate will be necessary, unless the total value is less than $150k. Family agreements do not eliminate the need for probate.

James Frederick

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Amanda Marie Cook

Amanda Marie Cook

Probate Attorney - San Diego, CA
Answered

I would simply add that your "fair split" may require gift tax returns. You definitely need a probate attorney.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... more
Celia R Reed

Celia R Reed

Probate Attorney - Phoenix, AZ
Answered

First, if you believe you have a claim for medical malpractice, consult with an attorney practicing in that area. Whether the estate needs to be administered depends on the value of assets. Consult with a probate attorney for the best way to handle the estate.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more

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